Civil Litigation and Contract Law Terminology
Legal Representation and Court Actions
- Appear (comparecer): To be present, especially in court.
- To plead a case (alegar): To speak in court to support a person or position; to present arguments and evidence.
- Acting for (actuar en nombre de): Representing someone in a legal matter.
- Advocacy (defensa): The act of pleading; speaking or arguing in support of someone in court.
- Represent (representar): To act or speak on behalf of another person; to act as the official legal substitute for a person or entity in court or negotiations.
- To issue a claim: To start legal proceedings by formally filing a claim with the court.
- To pay a fee: To give money for a service.
- To serve a claim upon someone (emplazar): To officially give legal papers to a person.
- To respond to a claim: To file a defense or answer to the claim within the specified time.
- To hear a case: For a judge or court to listen to the arguments and evidence in a legal matter.
- To find in favor of someone: To decide that a person is right.
- To give a judgment: To make an official court decision.
- To make an order: To give an official legal instruction.
The Civil Litigation Process
- A claim (demanda): A formal demand or request.
- Pleadings (promociones iniciales): The initial part of the civil lawsuit where each of the parties files the paperwork (petitorios).
- To prosecute (ejercer acción penal): To start a claim; however, it is primarily used in criminal law.
- Claim form (documento de demanda): The document that a claimant uses to start legal action against the defendant (demanda).
- Venue (jurisdicción): The specific location or court where the case will be heard.
- Summons (emplazamiento): A legal document notifying the defendant of the lawsuit and requiring their appearance in court.
- Discovery (etapa de ofrecimiento de pruebas): The process where parties exchange evidence and gather facts about the case (similar to the preliminary stage).
- Deposition (declaración): A formal interview, under oath, where a party or witness provides testimony before trial.
- Subpoena (orden judicial): A court order requiring someone to appear in court or provide evidence.
- Motion (petición al tribunal): A formal request made to the court for a specific ruling or action.
Court Participants and Legal Standards
Parties to a Civil Lawsuit
- Claimant / Plaintiff
- Defendant
- Appellant
Legal Professionals and Officers
- Legal Professionals: 1. Advocate, 2. Expert Witness
- Court Officers: 1. Bailiff, 2. Clerk
The Reasonably Prudent Person
A hypothetical person who uses good judgment and common sense in handling practical matters, used as a standard to determine whether an individual’s actions were reasonable.
Principles of Tort Law
- Law of Tort: The law of civil responsibility.
- Duty of Care: A legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others.
- Tort: The action of hurting someone because of a breach of the duty of care.
- Negligence: This occurs when someone is not careful enough and their carelessness hurts another person as a result.
- To sue: An informal way of saying “starting proceedings” against someone in a civil court.
- Ground (fundamento): Reasons for going to court.
- Carelessness (descuido/imprudencia): A failure to pay enough attention or be careful, resulting in mistakes or harm to others.
Common Legal Phrases
- To act for a client: Representar a un cliente
- To sit as a judge: Ejercer como juez / Presidir
- Enforce a contract: Ejecutar un contrato
- Grant bail: Conceder la libertad bajo fianza
The Language of Contract Law
- Case: A legal dispute decided by a court.
- Acceptance: Agreement to the terms of an offer.
- Offer: A proposal to do something, usually to enter an agreement.
- Obliged: Required by law or duty to do something.
- Parties: The people or groups involved in a legal agreement or case.
- Ratio decidendi: The legal reason or principle on which a court’s decision is based.
- Obiter dictum: A judge’s comment made in a decision that is not essential to the case.
- A pronouncement: An official statement or decision made by a court or authority.
- The elements of an English contract: Offer (propósito), consideration (contraprestación), intention (intención de crear relación jurídica), and acceptance.
Methods of Terminating an Offer
- To lapse: To expire or end because of time (Caducar).
- Counter-offer: A new offer made in response to another offer (contraoferta).
- To reject: To refuse or say no (rechazar).
- To revoke: To cancel or take back (revocar).